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SCHEDULES

[F1SCHEDULE 3U.K. Exemptions from Restrictions on Practice of Veterinary Surgery]

Textual Amendments

F1Sch. 3 substituted by S.I. 1988/526, art. 2

Modifications etc. (not altering text)

Part IU.K. Treatment and Operations which may be Given or Carried Out by Unqualified Persons

1U.K.Any minor medical treatment given to an animal by its owner, by another member of the household of which the owner is a member or by a person in the employment of the owner.

2U.K.[F2Any medical treatment or any minor surgery] (not involving entry into a body cavity) given, otherwise than for reward, to an animal used in agriculture, as defined in the Agriculture Act 1947, by the owner of the animal or by a person engaged or employed in caring for animals so used.

Textual Amendments

F2Words in Sch. 3 Pt. I para. 2 substituted by S.I. 1991/1412, art. 2(a)

3U.K.The rendering in an emergency of first aid for the purpose of saving life or relieving pain or suffering.

4U.K.The performance by any person of or over the age of eighteen of any of the following operations, that is to say—

(a)the castration of a male animal or the caponising of an animal, whether by chemical means or otherwise;

(b)the docking of the tail of a lamb;

F3(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)the amputation of the dew claws of a dog before its eyes are open.

Textual Amendments

F3Sch. 3 Pt I para. 4(c) ceased to have effect (1.7.1993) by virtue of S.I. 1991/1412, art. 2(c)

5U.K.The performance, by any person of the age of seventeen undergoing instruction in animal husbandry, of any operation mentioned in paragraph 4(a) or (b) above and the disbudding of a calf by any such person or by a person of or over the age of eighteen undergoing such instruction, if, in each case, either of the following conditions is complied with, that is to say—

(a)the instruction in animal husbandry is given by a person registered in the register of veterinary surgeons or the supplementary veterinary register and the operation is performed under his direct personal supervision;

(b)the instruction in animal husbandry is given at a recognised institution and the operation is performed under the direct personal supervision of a person appointed to give such instruction at the institution.

F4[In this paragraph “recognised institution” means—

(i)as respects Great Britain, an institution maintained or assisted (in England and Wales) by a [F5local authority] or (in Scotland) by an education authority or in either case an institution for the giving of further education as respects which a grant is paid by the Secretary of State or an institution recognised for the purposes of this paragraph by the Secretary of State; and

(ii)as respects Northern Ireland, an agricultural college maintained by the Ministry of Agriculture for Northern Ireland.]

[F4In the foregoing paragraph “recognised institution” means—

(a)as respects England and Wales—

(i)an institution maintained or assisted by a [F5local authority] ;

[F6(iA)an institution within the further education sector within the meaning of section 91(3) of the Further and Higher Education Act 1992]

(ii)any other institution which provides higher education or further education (or both) and as respects which a grant is paid by the Secretary of State; or

(iii)an institution recognised by the Secretary of State for the purposes of the foregoing paragraph;

(b)as respects Scotland—

[F7(i)any educational establishment (not being a school) within the meaning of section 135(1) of the Education (Scotland) Act 1980 for the provision of any form of further education for the management of which establishment an education authority is responsible;

(iA)any college of further education within the meaning of section 36(1) of the Further and Higher Education (Scotland) Act 1992 which is managed by a board of management established under that Act;]

(ii)a central institution within the meaning of the Education (Scotland) Act 1980; F8. . .

(iii)an institution recognised by the Secretary of State for the purposes of the foregoing paragraph; [F9or

(iv)a designated institution within the meaning of Part II of the Further and Higher Education (Scotland) Act 1992;]and

(c)as respects Northern Ireland, an agricultural college maintained by the Department of Agriculture for Northern Ireland;

and expressions used in paragraph (a) of this paragraph and in [F10the Education Act 1996] have the same meanings as in that Act.]

Textual Amendments

F4Words in Sch. 3 beginning "In the foregoing" expressed to be substituted for words beginning “and in this paragraph “recognised institution” (which latter words were to be found in Sch. 3 as originally enacted) by Education Reform Act 1988 (c. 40, SIF 41:1), s. 237(1), Sch. 12 Pt. III para. 66

F6Sch. 3: in the definition of "recognised institution" para. (a)(iA) inserted (1.4.1993) by Further and Higher Education Act 1992 (c. 13), s. 93(1), Sch. 8 Pt. II para. 70; S.I. 1992/831, art. 2, Sch. 3.

F7Sch. 3: sub-paras. (i)(iA) in para. (b) of the definition of "recognised institution" for the purposes of para. 5 substituted (1.4.1993) for sub-para. (i) by Further and Higher Education (Scotland) Act 1992 (c. 37), s. 62(2), Sch. 9 para. 2(a); S.I. 1992/817, art. 3(2), Sch. 4.

F8Sch. 3: word after sub-para. (ii) in para. (b) of the definition of "recognised institution" for the purposes of para. 5 omitted (16.5.1992) by virtue of Further and Higher Education (Scotland) Act 1992 (c. 37), s. 62(2), Sch. 9 para. 2(b); S.I. 1992/817, art. 3(2), Sch. 1.

F9Sch. 3: words after sub-para. (iii) in para. (b) of the definition of "recognised institution" for the purposes of para. 5 inserted (16.5.1992) by Further and Higher Education (Scotland) Act 1992 (c. 37), s. 62(2), Sch. 9 para. 2(c); S.I. 1992/817, art. 3(2), Sch. 1.

F10Sch. 3: in the definition of “recognised institution” words substituted (1.11.1996) by 1996 c. 56, ss. 582(1), 583(2), Sch. 37 Pt. I para. 12 (with s. 1(4), Sch. 39 paras. 30, 36, 39)

[F116U.K.Any medical treatment or any minor surgery (not involving entry into a body cavity) to any animal by a veterinary nurse if the following conditions are complied with, that is to say—

(a)the animal is, for the time being, under the care of a registered veterinary surgeon or veterinary practitioner and the medical treatment or minor surgery is carried out by the veterinary nurse at his direction;

(b)the registered veterinary surgeon or veterinary practitioner is the employer or is acting on behalf of the employer of the veterinary nurse; and

(c)the registered veterinary surgeon or veterinary practitioner directing the medical treatment or minor surgery is satisfied that the veterinary nurse is qualified to carry out the treatment or surgery.

In this paragraph and in paragraph 7 below—

“veterinary nurse" means a nurse whose name is entered in the list of veterinary nurses [F12, or the list of visiting European veterinary nurses,] maintained by the College.]

Textual Amendments

F11Sch. 3 Pt. I para. 6 substituted (10.6.2002) by S.I. 2002/1479, art. 2(a)

[F137U.K.Any medical treatment or any minor surgery (not involving entry into a body cavity) to any animal by a student veterinary nurse if the following conditions are complied with, that is to say—

(a)the animal is, for the time being, under the care of a registered veterinary surgeon or veterinary practitioner and the medical treatment or minor surgery is carried out by the student veterinary nurse at his direction and in the course of the student veterinary nurse’s training;

(b)the treatment or surgery is supervised by a registered veterinary surgeon, veterinary practitioner or veterinary nurse and, in the case of surgery, the supervision is direct, continuous and personal; and

(c)the registered veterinary surgeon or veterinary practitioner is the employer or is acting on behalf of the employer of the student veterinary nurse.

In this paragraph—

Textual Amendments

F13Sch. 3 Pt. I para. 7 added (10.6.2002) by S.I. 2002/1479, art. 2(b)